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Earthquake AssistanceInsurance We appreciate that in many of the unfortunate situations following the earthquake in Christchurch, adequate legal advice concerning insurance will continue to be available through existing legal relationships. However, we are aware that there can be conflicts that call for independent involvement. Gallaway Cook Allan are well placed to assist with a review of insurance policies and the assessment of claims. We have the experience and resources to respond in a timely manner to requests for assistance. Historically, our involvement in Christchurch has been restricted. Consequently, we are able to take instructions unimpeded by existing conflicts of interest. Our Insurance Team is experienced in providing advice on material damage, business interruption, professional negligence, insurance fraud and health and safety matters and facilitation relationships between brokers and assessors. Advice on insurance claims includes a number of natural disasters - floods, fires, gales and earthquakes in various parts of the South Island, along with non-natural events. We have previously had significant experience providing services to a number of insurers but we are now in a position where we are independent of any such relationships. We have also provided advice on health and safety matters to government agencies and private clients along with particular experience as a preferred provider of services in relation to maritime related claims and incidents. We are also experienced in the areas of construction and local government law. Members of our Litigation Team regularly appear before the High Court on a variety of commercial matters. Our Litigation Team works closely with our Property and Commercial Teams. Contact: David Robinson (Partner), John Walker (Consultant), Taryn Gudmanz (Associate)
Our experience in property law places us well to advise on the resolution of disputes between landlords and tenants. Clearly in the circumstances in which landlords and tenants now find themselves, the interpretation and application of what are considered “standard forms” clauses in leases will be closely followed. Issues such as abatement of rent, the implication of partially untenantable premises or totally untenantable premises may result in friction between landlord and tenant, particularly where those parties have also lodged claims with their respective insurers. As the legal advisers to the Dunedin City Council Property department, as well as several of the largest commercial landlords in Dunedin, we have an intimate understanding of the issues between landlord and tenant and how they can be resolved. Contact: John Anderson (Partner), Roger Macassey (Partner), Stephen Grant (Partner), David Smillie (Partner), Nathan Adams (Partner)
Employers in Christchurch will need to turn their minds to their legal obligations in respect of their employees. Issues may relate to whether the workplace is safe for the purpose of the Health and Safety in Employment Act, what their obligations in respect of employee pay is and whether they are eligible for the wage subsidy scheme. There may be a need to renegotiate employee conditions of employment or even consider redundancy if the employer’s business has been curtailed by damage to or destruction of premises. We provide pragmatic, decisive and strategic expert advice on all aspects of employer/employee relationship in this rapidly changing area of law. Our lawyers are experienced advisers, negotiators and advocates who regularly attend mediations and appear before the Employment Relations Authority and the Employment Court. Contact: Diccon Sim (Partner), David Robinson (Partner), Ella Tait (Solicitor) Construction Law As the focus in Christchurch turns to rebuilding, people need to be aware of the danger of rushing into construction projects without the appropriate advice and documentation. It would be fair to assume that demand for builders will outstrip supply. It is in these circumstances that property owners often take risks to “get the job done”. This is all the more reason to take advice before commencing building. Conversely advice to be given to builders might be as simple as making sure who they are working for, the property owner or the insurer. By making this clear at the outset, there is less likelihood of them not being paid for work done. We have extensive experience in a full range of construction-related services to all members of the industry including principals (whether they are home-owners or developers), head contractors, sub-contractors and professional advisers. The type of assistance we offer includes:
Contact: David Robinson (Partner), Taryn Gudmanz (Associate) |
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